AN ACT RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS
Requires schools to implement individualized Seizure Action Plans and authorize trained staff to administer FDA-approved seizure rescue meds, with protections for good-faith staff.
Requires schools to implement individualized Seizure Action Plans and authorize trained staff to administer FDA-approved seizure rescue meds, with protections for good-faith staff.
1) Seizure Action Plan (new section 16-21-44)
- Requires collaboration among the student’s parent/guardian, the student’s physician, and the school nurse/teacher to develop an individualized Seizure Action Plan.
- Plan must include:
- Access to and administration of FDA-approved seizure disorder medications as prescribed.
- Physician instructions for administering seizure medications and for vagus nerve stimulation, plus recognition of seizure signs and appropriate response steps.
- Before administering seizure medications, parents/guardians must provide:
- Written authorization for school administration.
- A healthcare practitioner's statement detailing the student’s:
- Name; medication name and purpose; dosage; route; frequency; circumstances for administration.
- Medication provided to the school in unopened, sealed packaging with pharmacy label intact.
- DESE (Department of Elementary and Secondary Education) regulations will be promulgated to establish procedures for plan development and content.
2) Administration of Seizure Rescue Medications (new section 16-21-45)
- Policies to include nasal-route seizure rescue medications when prescribed for emergencies, with cross-agency (DESE and Department of Health) alignment.
- Authorization for school staff to administer FDA-approved seizure rescue meds when no school nurse is immediately available; staff must be trained in seizure first aid and CPR (Epilepsy Foundation Seizure Training for School Personnel Program plus AHA/Red Cross CPR).
- Seizure rescue medications must be:
- Pre-dosed and pre-packaged, stored in a locked, secure area, readily accessible.
- Administered following training by a licensed healthcare professional; school nurses are not required to provide training.
- School staff may volunteer to assist with administration, with authorization from the parent/guardian; the district must provide training to volunteers.
- Noncompliance penalties: staff who refuse training cannot be penalized for refusing.
- Documentation: seizure action plan or physician order must be on file with the school nurse/administrator and the designated medication administrator.
- Distribution: plan copies must be provided to all supervising personnel/volunteers; parents must share with any non-school personnel identified in the plan.
- Full-time registered nurses in schools, where present, can fulfill these responsibilities.
- Validity: authorization lasts for the school year and must be renewed annually.
- Applicability: applies only to schools with a student enrolled who has a seizure disorder or a seizure medication prescribed to treat such symptoms.
- Liability protection: school district, employees, or agents acting in good faith and substantial compliance with the health plan and licensed provider instructions are shielded from civil damages for services provided under this section.
Compiled from official sources — confirm details with the bill’s official record.
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